Land Use & Zoning Questions & Answers

Anthony Marvin Avery's answerPerform Title Searches, all the way back to 1870 and back to present for both chains of title. Look at old Tax Maps, examine the Tax Rolls carefully, and insure that your predecessors in title have continuously paid taxes on the correct tract. Hire a competent attorney, not a title company.

Bruce Martin Broyles' answerMany zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes....

Nelson Jose Francisco Alvarez-Aponte's answerGood evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.

Doak Willis' answerThe answer to that question depends on which County you live in and the attorney you choose to represent you. Further, it could also be influenced by whom the defendants might be and the facts of the case. Generally, you probably are looking at a retainer fee of anywhere from $2000 and higher. The costs for filing and service would be a minimum of approximately $250.

Donald C Eby's answerThis is called Fraud. You likely have a claim against the seller and may have a claim against her and even your broker. You should contact an attorney to help you bring this case. If you used a Broker and the Colo Real Estate Commission forms then in addition to your damages you may be able to recover attorney fees.

Jay Schmerler's answerFirst of all speak with an attorney knowledgeable of land use law. You want to be sure that what land you are left with meets the zoning requirements for your area. In addition, you don't say, but is there a mortgage on your home? You'll have to deal with your Lender for its OK before you can do this. As to value, get an appraisal.

Terrence H Thorgaard's answerIt sounds like an "adverse possession case. If you have, by adverse possession, established title to the foot of property which was his, you need to go to court to confirm that.

James G. Ahlberg's answerMatters like this are normally covered as part of the real estate closing. If no one did a readout to close the account for the sewer bill as to the prior owners through the date of the closing on the property, you're probably going to be stuck with it if you want future service at the premises.

Jay Schmerler's answerYour situation is fact sensitive and cannot be easily answered based on your post. Is there anything in writing from the town authorizing this? Typically the landowner grants easement rights to a utility and it is just that utility that has the rights, in a limited way, to use the property.Unless the town has some easement right, I don't see where the town can authorize any use of your property. You need to meet with an attorney and go over all this. A survey and pictures will help him/her....

James Alan Greer's answerDear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:

Universal Citation: CO Rev Stat § 35-46-112 (2016)

Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each...

The list of what survives a tax deed sale is very small, but code enforcement liens are on that list if the ordinance under which it was levied complies with Florida Law. Most all municipalities long ago fixed their statutes and ordinances to address any deficiencies with enforcement.

Unfortunately you most likely have to deal with the lien by 1) correcting the violation and 2) paying or seeking mitigation of the amount of...

Thomas A. Grossman's answerYour question is too complicated to answer without seeing all the documents and facts involved. I suggest you contact a local attorney near you for advice. Boundary disputes are often very expensive, and the outcome usually depends on the documents. Good Luck.

Vincent Gallo's answerIf your father was never added to the deed and your grandmother did not give your father an interest in real estate. Therefore, only your grandmother can convey an interest in the real estate to you.

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